By purchasing services and by viewing this website, you as the client are agreeing to the following terms and conditions.
Many of these terms and conditions will be repeated in your contract, but all apply regardless.
As the client, you are engaging Marietta Williams as an independent contractor for the specific purpose of illustration, either studio or live. These terms shall be construed in accordance with and governed by the laws of the State of Missouri, U.S.A. Each party consents to the exclusive jurisdiction and venue of the courts of Clay County, MO for the resolution of any action arising out of these terms. Should any legal liabilities arise from your commission, you agree to defend and indemnify Marietta Williams (including attorney’s fees and court costs), and hold her harmless in any claim or suit, threatened or actual.
You agree that you are of legal age as dictated by your residential laws – typically 18 years of age, though older in some areas.
An initial deposit is required to begin work on your commission or to secure the date of your event. The remaining balance is due upon completion of the caricature, before the final image is sent or mailed or upon Marietta Williams’s arrival to your event. All payments are non-refundable upon receipt. There are no exceptions.
Marietta Williams and the client must work together to complete the project in an efficient, timely manner. The artist agrees to work expeditiously to complete any studio caricature project no later than 90 days after the client has signed the contract and paid the initial non-refundable deposit. If the client fails to keep in contact with the artist and any questions or concerns that arise from the commission within 45 days of the date the contract was signed, the contact is void and any deposits are forfeited.
Marietta Williams will arrive on site 15 minutes before and complete the work on site during the time specified in the contract. The artist agrees to work expeditiously and remain friendly and courteous, honoring any requests within her abilities and the specifications of the contract. Efficiency of caricature performance is based on a number of factors, interference, hair or dress complexity, and number of attendants, and thus the hourly number of caricatures the artist can complete is only an estimate. It is not within the artist’s job requirements to advertise her services to guests at the event, take tickets or payment at charity fairs or do anything other than draw caricatures at the event, such as hand out gift bags or name tags. If the client asks the artist to stay later, it is the artist’s decision on whether or not to do so. It is up to the client to keep in contact with the artist, give sufficient instructions to arrive to the correct location, notify Marietta Williams of any changes in date, time, location or duration, and notify guests of the artist’s presence and abilities. A violation of any of that could result in the artist not being available for the event and the deposit forfeited.
Revisions after completion of a studio caricature will require additional fees. Revisions that were stated within the contract signed by both parties will be free of charge.
All commissioned artist remains Marietta Williams’s intellectual property unless otherwise agreed upon. The artist may alter, print and sell, and use the image for advertising purposes. Restrictions on the artist’s use of any commission requires additional fees.
Marietta Williams’s signature and website tag must remain on the image at all times regardless of the circumstance. The image may not be altered or edited in any way unless otherwise agreed upon. Character depicted in the artist’s illustrations belong to the respective clients. Clients may post the commission to his or her own website as long as the artist is credited. The client may print the image for the client’s own personal, NON-COMMERCIAL use unless otherwise agreed upon. The client may not profit from the commission; the client may not print the image onto a t-shirt or card, sell the image in any format, including digital, or use the illustration for advertising unless otherwise agreed upon. If the client alters any of these statements, additional fees will apply.
Any claims for defects must be made by the client in writing within 15 days after full illustration delivery. Failure to make a claim within the time period stated will constitute acceptance of the illustration as delivered. Marietta Williams is not responsible for defects or damages to the final product resulting from mishandling by the postal service, client or loss of product resulting from the postal service or client.
All correspondence and documents provided will be treated as confidential between the client and the artist, Marietta Williams.
These terms and conditions supersede all previous representations, understandings or agreements. Terms are subject to change.
Dated February 15th, 2015.